Help-How to sell mums house now she has passed away

wee_den

I would be very grateful if someone could give me advice on how to sell my mums flat.

My mum passed away last April and me & my brother did the flat up for selling, all good and dandy.

It is a one bedroom flat which is beside a college which should be a good selling point. It is in Clydebank which is just outside of

But my sister split up with her partner and had to move up from England with nowhere to stay. I said she could use my mums until she got a house from the council, but this is now 5 months on and still no offer of a house for her from the council and she has two dogs, a cat, a child and she smokes!!!

The flat is a mess, it stinks of smoke and her son has ripped the wallpaper that we put up.

She is living there rent free and not having to pay for gas as my mum had a big credit on he gas account so we have been letting her use this.

There is 4 of us in total, my bother who works but spends all his money on a weekend, my other brother who did not even like my mum, my sister as above, and me who is already out of pocket paying for the decorating the first time round.

I cannot afford to put the flat on the market and dont know what to do now!!!

It needs to be sold as I have things I did intend to do with the money and my sister will need the proceeds to start again.

Any advice would be gratefully appreciated.

The flat is only worth around £40k

Wee_Den :A

BitterAndTwisted

You have a number of difficulties, as I'm sure you're aware.

Your sister is unlikely to qualify for Local Authority housing, considering the length of the queue, as long as she is adequately housed at the moment.

You cannot sell the property unless all four parties agree to it and your sister moves out before it's put on the market.

Once it's empty you can afford to put it on the market: what expenses are you anticipating? if it's getting it into good decorative order please be assured that this isn't always absolutely necessary. You could always agree between the four of you that any redecorating expenses are paid for by your sister or funded from her share of the proceeds.

You could agree between the four of you that sister buys out the three other siblings by getting a mortgage on the place. Would that be a possibility?

Where there's a will there is always a way.....

carefullycautious

speechless :eek:

G_M

Who are the Executers of the will and has probate been granted?

Is your sister one of the executers?

You will need to get vacant possession since your sister will be there for ever. She's not homeless so will not be re-housed.

Assuming she won't/can't move out voluntarily, then if you are an executer, and your sister is not, then you'll need to use your powers as executer to get a court order to evict your sister. Harsh, but the only option. You can't sell while she's there.

As executers, you also have a legal duty to protect the inheritance on behalf of the Beneficiaries (even if they are the same people!)
Allowing your sister to consume gas (which is part of the inheritance!) and to damage (and thus reduce in value) the property (not to mention live there rent free) means you are being negligent in your duty. The Beneficiaries (other brothers?) could sue for negligence!!

PasturesNew

wee_den wrote: »

It is a one bedroom flat which is beside a college which should be a good selling point.

Why is that a good selling point? For perves to sit at the window and watch schoolgirls go past?

RabbitMad

PasturesNew wrote: »

Why is that a good selling point? For perves to sit at the window and watch schoolgirls go past?

Well that could add to the value but I think the OP isn't considering selling to Paul Gadd and meant Higher education college which means it would have good rental potential to the students.

mlz1413

wee-den you are being too nice, your sister has had more than enough time to get herself sorted out but nearly a year on happily has her feet under the table and is obvioulsy going nowhere without a shove.

tell your sister she has to be gone by end of march and then put the house up for sale as offers invited. take the best offer you can get and don't ever lend money to family!

wee_den

BitterAndTwisted wrote: »

You have a number of difficulties, as I'm sure you're aware.

Your sister is unlikely to qualify for Local Authority housing, considering the length of the queue, as long as she is adequately housed at the moment.

You cannot sell the property unless all four parties agree to it and your sister moves out before it's put on the market.

Once it's empty you can afford to put it on the market: what expenses are you anticipating? if it's getting it into good decorative order please be assured that this isn't always absolutely necessary. You could always agree between the four of you that any redecorating expenses are paid for by your sister or funded from her share of the proceeds.

You could agree between the four of you that sister buys out the three other siblings by getting a mortgage on the place. Would that be a possibility?

Where there's a will there is always a way.....

This is where another difficulty lies, my sister is unemployed, and no income, so she cannot buy it. Also she would part with a fart if she had to pay for it! (do love her but we are cut from a different cloth, and that is how I end up getting into situations like this!)

There was no will, the flat was owned outright by my mum and I managed all her bills as she was an alcholic and for years paid nothing until they were about to take the flat off her and I had to pay her council tax and get her elect & Gas put on a meter.

So re probate and everything I have not got a clue!

wee_den

G_M wrote: »

Who are the Executers of the will and has probate been granted?

Is your sister one of the executers?

You will need to get vacant possession since your sister will be there for ever. She's not homeless so will not be re-housed.

Assuming she won't/can't move out voluntarily, then if you are an executer, and your sister is not, then you'll need to use your powers as executer to get a court order to evict your sister. Harsh, but the only option. You can't sell while she's there.

As executers, you also have a legal duty to protect the inheritance on behalf of the Beneficiaries (even if they are the same people!)
Allowing your sister to consume gas (which is part of the inheritance!) and to damage (and thus reduce in value) the property (not to mention live there rent free) means you are being negligent in your duty. The Beneficiaries (other brothers?) could sue for negligence!!

No executer as no will, this is where the advice is need, Im the eldest and everyone thinks I will just sort it out, but this is too big for me!

wee_den

PasturesNew wrote: »

Why is that a good selling point? For perves to sit at the window and watch schoolgirls go past?

I could not control who purchased the flat I was just making the point that potenitally it would be good student accomodation. Sorry but twisted pervy people did not come into my train of thought when I asked for advice.

Point taken on board tho.

BitterAndTwisted

Get a clue about the probate! At the moment you are all in limbo while your sister is getting the best deal anyone could ever hope for. She's going to be harder to shift than a case of the boils and meanwhile you aren't going to be able to get a penny off her in rent either.